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TERMS

Welcome to Ayla and AylaBeauty.com (“Ayla”)!

 

Ayla offers our AylaBeauty.com website (the “Site”) and its services (the “Services”) for your use and enjoyment subject to the following terms and conditions (“Terms”).

 

If you visit or shop at AylaBeauty.com or any other Ayla site, you thereby accept and agree to abide by these Terms. (If you do not agree to these Terms, please do not use the Site, Services or any materials that we offer here.) Ayla reserves the right to change these Terms at any time without notice, and such changed Terms will take effect once we post them at the Site.

 

PRIVACY

 

 

Please also review Ayla’s Privacy Policy, which also governs your use of Ayla’s Site and Services.

 

YOUR USE OF THE SITE

 

 

Ayla grants you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify any portion of the Site without Ayla’s express written consent. This license does not include nor permit your resale or commercial use of the Site or its contents, your collection and use of product listings, descriptions, or prices, your derivative use of the Site or its contents, your downloading or copying account information for another merchant’s benefit, or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, mirror or otherwise exploit any portion of the Site for any commercial purpose without Ayla’s prior express written consent. You may not frame or use framing techniques to enclose any Ayla trademark, logo, or other proprietary information (including images, text, page layout, or form) without Ayla’s express written consent. You may not use any meta tags or any other "hidden text" utilizing Ayla's name or trademarks without Ayla’s express written consent.

You may create a hyperlink to the Site so long as you do not portray Ayla, its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ayla logo or other proprietary graphic or image as part of the link without Ayla’s express written permission.

By communicating with Ayla electronically (such as when you visit the Site or send e-mails to Ayla), you consent to receive communications from us electronically. Ayla will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

YOUR ACCOUNT

 

Ayla may require you to register with Ayla in order to access certain areas of the Site, for example, to purchase products. When you register, we may decline to grant you, and you may not use, a user name or email address another person already owns or uses; that might be construed as impersonating another person; that might violate anyone else’s intellectual property or other rights; that we may deem offensive or objectionable; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of your account details (including your password and account data that you may use to access the Site) and restricting access to your computer, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You agree to accept full responsibility for all activities that occur under your account or password. You agree to immediately notify Ayla of any unauthorized use of your password or user name or any other breach of your account’s security, and to ensure that you "log off" and exit from your account at the end of each visit to the Site. Ayla will not be liable for any loss or damage that you or anyone else may incur from another’s use of your account, or arising from your failure to comply with any of the foregoing obligations.

 

If you are under 18, you may use the Site only with involvement of a parent or guardian. Ayla reserves the right in our sole discretion to refuse service, terminate accounts, remove or edit content, or cancel orders.

 

PRODUCT INFORMATION

 

All of the Site’s material and information is offered for personal educational or informational purposes only. The information, materials, statements and Services are not intended to diagnose, treat or prevent any condition or illness. Please use all products strictly in accordance with their instructions, precautions, warnings and guidelines. Please always check each product’s ingredients to avoid potential allergic reactions. Minors may use goods or product obtained from Ayla or the Site only after the minor’s parent(s) or guardian has discussed the product’s use with the minor’s physician or medical professional. Any statements offered about products have not been evaluated by the U.S. Food and Drug Administration (unless otherwise specified), and any results reported may not necessarily occur in all individuals. Ayla has attempted to provide accurate information on the Site, but assumes no responsibility for the accuracy of the information. Ayla may change the programs or products mentioned at any time without notice. The Site’s reference to any goods, services, processes, activities or other information offered by other parties does not imply any endorsement or recommendation by Ayla itself unless specifically stated otherwise. Please note that while Ayla has endeavored accurately to depict, describe and display the particular product color(s), the actual colors that you see may depend upon your monitor and may not be accurate.

 

PRODUCT ORDERS

 

In order to purchase any product or service through the Site, you may be asked to supply certain information relevant thereto, including your credit card number, expiration date, verification or other security code, billing address and shipping information. Ayla will treat any such information provided through the Site in accordance with these Terms and Ayla’s Privacy Policy. Ayla may require verification of this information before acknowledging or completing your transaction. You represent and warrant that you have the legal right to use any credit card(s) or other payment means that you use in any transaction.

 

You may order and take delivery of products displayed at the Site only within the U.S. All prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the U.S. Your receipt of an electronic or other form of order confirmation does not signify Ayla’s acceptance of your order, nor does it constitute confirmation of Ayla’s offer to sell. Ayla reserves the right at any time after receipt of your order to accept or decline your order for any reason. Ayla cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. In the event that a product is listed at the Site at an incorrect price due to a typographical error, entry error or error in pricing information received from our suppliers, Ayla shall have the right to refuse or cancel any orders placed for said product(s). If your order is cancelled after your credit card has already been charged for the purchase, Ayla will promptly issue a credit to your credit card account in the amount of the incorrect price. All items purchased from the Site are made pursuant to a shipment contract: this means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

CONTESTS, SWEEPSTAKES AND PROMOTIONS

 

 

Any contest, sweepstakes, or similar promotion made available through the Site may be governed by specific terms that are separate from these Terms. By participating in any such sweepstakes, contest, or promotion, you agree to be subject to those terms, which may vary from these Terms. Ayla urges you carefully to review the applicable terms for the particular promotion, and to review Ayla’s Privacy Policy, which, in addition to these Terms, will govern any information you submit in connection with the promotion.


 

AYLA DOES NOT PROVIDE MEDICAL ADVICE

 

Ayla and the Site do not provide medical advice, diagnosis or treatment. Use of the Site is not meant to serve as a substitute for professional medical advice: our Site is solely an online store for specialty beauty products. Please consult your own physician or health care provider regarding the use of any goods, products or information obtained from the Site before using or relying on them. You should always direct to your physician or health care practitioner any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition.

 

Ayla does not offer, nor seek to offer, answers to medical-related questions, and you should not treat our Site as a substitute for any medical professional, resource, advice, diagnosis or treatment. Ayla is not, and does not represent itself as, a physician, medical professional or medical services provider. Ayla intentionally does not offer any prescription medications or medical treatments at the Site or elsewhere. You should never disregard professional medical advice or delay in seeking it because of something you have read at our Site.

 

INDEMNITY

 

You agree to defend, indemnify, and hold Ayla (including its officers, directors, employees, agents, licensors, and suppliers) harmless from and against any claims, actions, demands, losses, liabilities and settlements, of every kind and nature, known and unknown, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site, your violation of these Terms and Conditions, your violation of any third party’s rights (including copyright or privacy right), or any claim relating to content that you submitted to the Site.

 

WARRANTY EXCLUSION

 

YOUR USE OF THE SITE AND MATERIALS IS AT YOUR OWN SOLE RISK. AYLA PROVIDES THIS SITE AND ALL INFORMATION, CONTENT, AND MATERIALS INCLUDED THEREIN ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, UNLESS OTHERWISE SPECIFIED IN WRITING. AYLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AYLA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

 

ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

IN NO EVENT SHALL AYLA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERIVCES OR MATERIALS, EVEN IF AYLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY:

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AYLA SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THESE LIMITATIONS ON AYLA'S LIABILITY SHALL APPLY WHETHER OR NOT AYLA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

TRADEMARKS

 

AYLA and Brighter Beauty are trademarks of Ayla LLC. All other trademarks are property of their respective owners.

 

COPYRIGHTS

 

All content and material included at Ayla’s Site, such as articles, reviews, product descriptions, text, graphics, images, audio or video clips, digital downloads and software (the “Material”), is the property of Ayla or Ayla’s content suppliers. The selection, compilation and arrangement of all of Ayla’s web site’s content is Ayla’s exclusive property. All such Material is protected by United States and international copyright laws and treaties, and is Copyright 2011-2015 AYLA LLC, all rights reserved.

 

COPYRIGHT POLICY/DMCA

 

If you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:

•             An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest

•             A description of the copyrighted work or other work that you claim has been infringed

•             A description of where the material that you claim is infringing is located on our sites, networks or other repositories

•             Your address, telephone number, and email address

•             A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

•             A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

Our Designated Agent for notice of claims of copyright infringement can be reached at Ayla Designated Agent, 2184 Sutter St #173, San Francisco, CA 94115 or info@aylabeauty.com.

 

If the disputed materials were posted by a third party identifiable through reasonable efforts, we will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, we will provide you with a copy so that you may take any other steps you may consider appropriate.

 

APPLICABLE LAW

 

Ayla operates the Site in California, U.S.A. By visiting the Site, you agree that the laws of the State of California, excluding only its conflicts of laws principles, will govern these Terms and any dispute that might arise between you and Ayla. The Site is not intended to subject Ayla to the laws or jurisdiction of any state, country or territory outside of the United States. Unless otherwise specified, the Site’s materials are offered solely for the purpose of providing Services and promoting products available in the United States. Ayla makes no representation or warranty the Site, or any products, services, or materials made available through the Site, are appropriate for use in locations outside of the U.S. Those who choose to access the Site from other locations do so at their own risk, and are responsible for compliance with any applicable local laws, rules and regulations.

 

DISPUTES

 

Any dispute relating in any way to your visit to the Site or to products or services that Ayla offers, sells or distributes shall be, to the fullest extent permitted by law, adjudicated in any state or federal court in San Francisco County, California, and you consent to exclusive jurisdiction and venue in such courts. Ayla reserves the right to seek all remedies available at law and in equity to redress any violations of the Terms.

 

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to info@aylabeauty.com You may also contact us by writing to Ayla LLC, 2184 Sutter St #173, San Francisco, CA 94115 or by calling us at: 415-520-7320. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Boulevard, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

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